Understanding Cross-Border Wills: How We Can Help You Plan for the Future

If you have assets in multiple countries, ensuring that your wishes are respected after your passing requires more than just a standard Will. Cross-border estates, involving assets in more than one jurisdiction, introduce layers of complexity in estate planning and probate law.

At Burt Brill & Cardens, our solicitors are experienced in navigating these intricacies, helping clients create comprehensive international Wills that account for various legal systems and ensure the seamless distribution of your estate.

Why Do You Need an International Will?

An international Will is vital for anyone with assets in multiple jurisdictions, such as property, bank accounts, or investments held abroad. Each country has its own probate laws, which means that, without careful planning, the administration of your estate could become time-consuming, expensive and stressful for your loved ones.

For instance, while English and Welsh law decides asset distribution based on domicile, other countries may focus on the deceased’s nationality or the location of the assets. This variance can significantly affect how your estate is divided and whether your wishes will be fully respected. Furthermore, some countries impose forced heirship rules, which could override your plans by automatically assigning a portion of your estate to specific heirs, like children or spouses.

Key Considerations in Cross-Border Estate Planning

Domicile

Your domicile is a critical factor in determining which country’s legal system will apply to your estate. Unlike residency, which refers to where you live, domicile links you to a specific jurisdiction’s legal system. Whether you are considered UK-domiciled or domiciled elsewhere can affect the amount of inheritance tax payable on your estate. If UK-domiciled, inheritance tax applies to your worldwide assets; if domiciled abroad, it only applies to your UK-based assets.

The UK Government is proposing changes to these rules, making the need for proper advice even more important.

Moveable vs. Immovable Assets

Different countries handle asset categories differently. Moveable assets (like bank accounts or shares) and immovable assets (such as property) may be treated under separate laws. Understanding these distinctions is crucial for determining how your estate will be handled across borders.

Jurisdictional Challenges

Probate requirements vary by country. Some jurisdictions may not recognise a UK Will as valid, while others may enforce rules—such as matrimonial property regimes or forced heirship laws—that can impact the distribution of assets. For example, in many European countries a significant portion of an estate must go to a child or spouse, regardless of your wishes. For most but not all EU countries you can chose to have English succession law apply, overriding forced heirship provisions. Careful consideration needs to be given to whether a separate Will for each country is best or whether one Will under English law is best.

How Our Solicitors Can Help You

At Burt Brill & Cardens, our team of Wills and Probate solicitors specialise in international law, with extensive experience in cross-border estate planning. Here’s how we can assist:

Drafting Tailored Wills: We will craft a Will that meets the unique demands of your estate. For assets in the UK, we will prepare a Will in accordance with English and Welsh law, and we will advise you on whether an additional Will is needed to handle your overseas assets or whether your English can apply to your overseas assets. It is important to avoid conflicts or accidental revocations between Wills drafted in different jurisdictions – a problem we often encounter.

Probate and Resealing Grants: For cross-border estates, obtaining a Grant of Probate is often required. We handle the complex administration, ensuring compliance with UK law and any other jurisdiction where your assets reside. We work with lawyers overseas and can co-ordinate obtaining grants in different countries, including resealing grants taken out in Commonwealth countries so that they can be used in the UK, simplifying the process.

Make an enquiry with Burt Brill & Cardens or call us on 01273604123 to ensure that your estate is handled in accordance with your desires, both in the UK and abroad. Our friendly and knowledgeable team is ready to begin your estate planning journey and make sure that your assets will be passed on as you intend.